ICE, you know the agency. Immigration and Custom Enforcement. It seems they have proposed a policy that would limit the issuance of a detainer. The proposal is on the ICE website and asks for public input on the idea. What does the policy state?
Only immigration officers may issue detainers.
3.2. Immigration officers shall issue detainers only after an LEA has exercised its independent
authority to arrest the alien for a criminal violation.
3.3. As a general matter, immigration officers should not issue detainers against an alien
charged only with a traffic-related misdemeanor unless or until the alien is convicted,
• the alien has a prior criminal conviction;
• the alien previously has been excluded, deported, or removed from the United States or allowed to voluntarily return to his or her country of nationality;
• the alien is the subject of an outstanding immigration warrant or is the subject of a final order;
• the alien is part of an existing criminal investigation;
• an articulable reason exists to believe that the alien presents a danger to national security or a genuine risk to public safety; or
• the traffic-related misdemeanor involves driving under the influence of alcohol or drugs, physical injury to a person or property, or flight from the scene of an accident.
In other words, let them go. I guess the fact that being illegally in this country is a crime and deportation should be the answer.
So what does ICE do again?
I suggest you check out the ICE site and leave you thoughts.